A brief discussion of various contract clauses and their uses.
Essay # 115354 |
840 words (
approx. 3.4 pages ) |
10 sources |
APA | 2009
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$ 17.95
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Abstract
This paper briefly defines various contracts that have existed to help maintain order in our society. The paper discusses different clauses of a contract and how they would apply to an airline under certain circumstances. The paper also discusses a severability clause, idemnification clause, assignment clause, choice of law clause, non-competition clause, entire agreement clause and force majieure clause.
From the Paper
"It is easy to find examples of these clauses in various documents around the house and on the web. From auto loan agreements, student loan forms, apartment rental agreements, mortgage papers, personal loan documents, employment agreements, tax forms, etc. These are all examples that show these clauses and more, it is even possible to find a number of these clauses on the same agreement. For example, an old employment document not only had an arbitration clause, there was also a non-compete clause and an entire agreement clause."
Tags:agreement, document, employment, arbitration
An analysis of the clauses of establishment and free exercise.
Analytical Essay # 130461 |
2,000 words (
approx. 8 pages ) |
0 sources |
MLA |
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$ 38.95
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In this article, the writer discusses that when the First Amendment of the United State Constitution was written, the framers wanted to create an absolute separation between church and state. The writer examines the establishment and free exercise clauses that both state that government will not establish a national religion nor interfere with a citizen's practice of it.
From the Paper
"The first clause is said to be absolute, while the second has been interpreted in conflicting ways because of disagreements over whether practices such as displaying the Ten Commandments in courthouses violates the "wall of separation" between church and state."
Tags:church, and, state
This paper includes a case brief and a discussion of claims against nations and their corporate proxies.
Term Paper # 133995 |
750 words (
approx. 3 pages ) |
0 sources |
APA |
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$ 16.95
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This paper consists of two parts, the first being a case brief of a case in which Americans who had become participants in Lloyds of London sought to void the exclusive jurisdiction clauses of their membership agreements by asserting that English law did not recognize claims arising under Ohio securities law. The paper discusses how the court refused to accept this as reason for voiding the agreements. The second part is a discussion of claims against nations and their corporate proxies.
From the Paper
"Plaintiffs had joined Lloyd's, and in this process, had appointed defendants as their agents and executed agreements making the courts of England the forum for litigating all disputes. Plaintiffs sought to rescind these contracts, arguing that the forum selection clauses deprived them of rights under Ohio laws and arguing that Ohio public policy outweighed the policies served by enforcing the clauses. The trial court ruled that the exclusive jurisdiction clauses were valid and dismissed. Plaintiff appealed. The Court of Appeals reviewed de novo. ISSUE: If, under an exclusive jurisdiction clause, plaintiff will have..."
Tags:forum, dismiss, litigation
An analysis of the Commerce Clause and the powers it gives Congress.
Analytical Essay # 150299 |
774 words (
approx. 3.1 pages ) |
3 sources |
MLA | 2012
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$ 16.95
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Abstract
The paper explores the powers of the Congress as stipulated by the U.S. Constitution, with emphasis on the Commerce Clause. Additionally, the paper analyzes the implied and the necessary and probable clause. The paper finds that the United States Congress operates in accordance with the rights granted to it within the U.S. Constitution.
Outline:
Introduction
Powers of the Congress
The Commerce Clause
Implied Powers, the Necessary and Proper Clause
Conclusions
From the Paper
"The United States Constitution is at times ambiguous and leaves room for interpretation. This is the stage at which the implied powers of the Congress come into discussion and probably the most relevant example in this sense is given by the Commerce Clause, which, as shown in the previous section, implies the reduced ability of trade partner states to regulate the operations with the United States. The right to implied powers and the necessary and proper clause is written under the eighteenth paragraph of the eight section in the first article and states that the Congress has the right to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof" (Cornell University Law School). In this light of events, it becomes obvious that the United States Congress has the ability to implement the decisions it considers necessary within a given context. They will not make use of this right only in critical circumstances, but also when they feel that a new direction or a new action is likely to benefit the current endeavor. "The phrase is not limited to such measures as are absolutely necessary, but includes all appropriate means that are conducive to the end to be accomplished, and which in the judgment of Congress, will most advantageously effect it" (Answers, 2009)."
Tags:Congress, Constitution, necessary, probable, clause
This paper offers a perspective on Santa Claus in hindsight.
Narrative Essay # 130216 |
750 words (
approx. 3 pages ) |
4 sources |
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Abstract
The writer relates that in hindsight, he thinks Santa Claus represents a lot of things in our society: as a symbol of our religious traditions (chiefly as a beneficent father-figure who gives to the deserving), as a "stand-in" symbol for authority, and as the last fairy-tale most of us will believe in before we start the walk towards adulthood. The writer posits that although Santa Claus is not as relevant to him now during Christmas time as he once was, he still means a great deal because he symbolizes many important things about our culture.
From the Paper
"In hindsight, I think Santa Claus represents a lot of things in our society: as a symbol of our religious traditions (chiefly as a beneficent father-figure who gives to the deserving), as a "stand-in" symbol for authority, and as the last fairy-tale most of us will believe in before we start the walk towards adulthood. Although Santa Claus is not as relevant to me now during Christmas time as he once was, he still means a great deal to me because he symbolizes many important things about our culture. For one thing, I have come to realize that Santa Claus is really a marker for religious rites that have deep meaning in our society - something that..."
Tags:santa, claus, symbol
This paper details the United States Interstate Commerce Clause and focuses on alcohol shipment laws.
Analytical Essay # 117040 |
2,035 words (
approx. 8.1 pages ) |
3 sources |
APA | 2008
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$ 38.95
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Abstract
The Commerce Clause often referred to as the Interstate Commerce Clause was adopted into Article I, Section 8, of the United States Constitution in 1787. The writer discusses the Interstate Commerce Clause and looks at how the courts have interpreted it through time. This review focuses on the early legislature and court cases that helped shape the current interpretation of the Interstate Commerce Clause. The authority to engage in interstate commerce is discussed, as well as federalism in regards to commerce. Finally the direct shipment of alcohol is analyzed as it pertains to the regulatory aspect of the Commerce Clause and the federal code that accompanies it. The writer concludes that the Commerce Clause will continue to be interpreted differently by courts in the United States.
Outline:
Introduction
Discussion
Conclusion
From the Paper
"Cook states that the most evident transportation under special privilege is transportation via railroad. This is because all railroads are run by corporations, therefore they need governmental authority. The author goes on to suggest there are four classes of special privilege. These classes include interference by state, whereas authority is derived from a state, by Congress whereas it is derived from a state, by a sate whereas authority is derived from Congress, and by Congress where it is derived from Congress. Out of these four classes it is only Interference by Congress, where authority is derived from Congress that it is clear that Congress can regulate transportation under conditions of special privilege. The other three classes at the time were yet to be made clear by the Supreme Court."
Tags:Congress, transportation, restriction, state
This paper looks at reasons for considering 'Fred Claus' as best film.
Film Review # 136366 |
750 words (
approx. 3 pages ) |
1 source |
MLA |
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In this article, the writer notes that Vince Vaughn tries to become better than Santa Claus in this film about sibling rivalry. The writer maintains that "Fred Claus" is the best film this season and including films in the past, because Vince Vaughn plays Fred Claus better than most actors. The writer discusses that the twist of Santa Claus having a brother adds to the "image" of Christmas time, and the problems concerning most siblings is the focus of the film.
From the Paper
"Imagine being the brother of Santa Claus? What would life be like? How could the brother ever become as good as Santa Claus? These questions arise when watching the film, 'Fred Claus'."
Tags:siblings
An examination of the history and use of the Confrontation Clause of the Sixth Amendment to the US Constitution.
Essay # 113654 |
979 words (
approx. 3.9 pages ) |
5 sources |
APA | 2009
$ 20.95
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This paper examines the Confrontation Clause of the Sixth Amendment to the US Constitution, which discusses the right of an accused person to cross examine his accuser. The paper discusses the history of the Confrontation Clause and looks at the use of the Confrontation Clause in past and present court rooms. It also provides a few case examples of how the Confrontation Clause is put into practice.
From the Paper
"The use of the Confrontation Clause in past and present court rooms has served the court system well although when to use it and often times how and when it applies has proven to be a little blurry. The Confrontation Clause allows accused defendants to cross examine their accusers to gain as much insight as possible as to the factuality of their accusations except in situations where a child, person on their death bed, or a person who is deceased in concerned then testimony collect by law enforcement or stated in previous court cases is admitted in lieu of personal account. This clause will in effect prevent anyone from simply accusing us of a crime without the chance to defend ourselves in front of our accuser."
Tags:court, justice, accuser, defendant
An extensive discussion of the double jeopardy clause.
Term Paper # 103056 |
7,085 words (
approx. 28.3 pages ) |
33 sources |
APA | 2007
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$ 95.95
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This paper discusses the Fifth Amendment, double jeopardy clause and the double jeopardy rule in England. The papre relates that, recently, England scrapped the 800-year old law to allow retrial of those defendants that had been acquitted of serious felony offenses. This paper visits the case of Mr. William Dunlop for the crime of murder and discusses the outcome of the case in detail. Several cases are also explored pertaining to the double jeopardy clause in the Fifth Amendment of the US Constitution. These cases help explain how the double jeopardy clause is affected by caselaw from the United States Supreme Court and how that influences the double jeopardy clause. The presentation before the courts of both sides of the issue presenting a pro/con or for/against are also discussed in detail.
Table of Contents:
Abstract
Introduction
Body of Paper
Conclusion
From the Paper
"The prosecution can appeal prior to trial commencing (see Serfass v. United States, 420 U.S. 377 [1975]) where the judge has ordered the dismissal of the indictment against the defendant. The prosecution may appeal a ruling after jeopardy has attached itself to the proceedings but prior to the termination of the proceedings, so long as the trial did not produce a basis of innocence for the accused (see United States v. Scott, supra, 687). The prosecution may not appeal an acquittal. Even if the judge or jury order the acquittal, double jeopardy attaches itself after the acquittal has been established."
Tags:autrefois dunlop, supreme court, foundations mistrials
This paper provides an explanation of the power of Congress and individual states to regulate trade, production, and other interstate "commerce." The nature of the Commerce Clause is discussed, and many case law examples are included.
Essay # 45849 |
1,640 words (
approx. 6.6 pages ) |
3 sources |
MLA | 2003
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$ 32.95
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The purpose and scope of the Commerce Clause has been the topic of debate in many court decisions. Over the years, the Supreme Court has interpreted the Commerce Clause as a grant of power to the federal government and a limitation on the authority of individual states. One of the first issues to reach the Supreme Court was whether the power granted to Congress via the clause also inferred that the states are, thereby, precluded from local regulation of interstate and foreign commerce. This paper details, through case law examples, how this grant of power has been used, and sometimes abused, by the federal government.
From the Paper
"Article 1, Section 8, of the United States Constitution authorizes Congress to legislatively "regulate commerce with foreign nations, and among the several states, and with the Indian tribes." This Clause, though not infinite, is the means by which Congress regulates domestic affairs. Despite the implied extent of the commerce power, the Supreme Court has found that Congress has often overstepped its boundaries with respect to economic activity that should be reserved for individual states."
Tags:constitution, supreme, court